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Thursday, 30 July 2015

Yakub Abdul Razak Memon-Life & Death

Yakub Abdul Razak Memon (30 July 1962 – 30 July 2015) was an Indian terrorist and chartered accountant, who was convicted over his involvement in the 1993 Bombay bombings by Special Terrorist and Disruptive Activities court on 27 July 2007. Yakub Memon was the brother of one of the prime suspects in the bombings, Tiger Memon. His appeals and petitions for clemency were all rejected and he was executed by hanging on 30 July 2015 in Nagpur jail.

Yakub Memon was born on 30 July 1962 in Mumbai and grew up in the Byculla neighborhood, where he attended Antonio D'Souza High School. He completed a Masters in Commerce at the Burhani College of Commerce and Arts. In 1986, Memon enrolled in the Institute of Chartered Accountants of India and completed study as a chartered accountant in 1990.

In 1991, Memon founded the chartered accountancy firm 'Mehta & Memon Associates' with his childhood friend Chetan Mehta. The following year, they parted ways, and he founded another accountancy firm 'AR & Sons'. Named after his father, it was so successful that Memon won a "Best Chartered Accountant of the Year" award from the Memon community of Mumbai. He also formed the export company 'Tejrath International' to export meat products to the Persian Gulf region and Middle East.

But later he was known for-1993 Bombay bombings

According to Indian authorities, Memon financially assisted his brother Tiger Memon and Dawood Ibrahim in planning and executing the bombings. Memon allegedly handled Tiger's funds, funded the training of 15 youths who were sent to Pakistan to learn the art of handling arms and ammunition, purchased the vehicles used in the bombings, and stockpiled weapons.

Arrest

The Indian Central Bureau of Investigation claims that Memon was arrested at New Delhi railway station on 5 August 1994. However, Memon claims that he surrendered to police in Nepal on the 28 July 1994. Memon was arrested with a briefcase which contained a recording of a conversation he had had in Karachi.

Trial

Justice P. D. Kode, in a Terrorist and Disruptive Activities (Prevention) Act (TADA) court, found Memon guilty of the following offences on 27 July 2007

Crime

Sentence

Criminal conspiracy

Death

Aiding and abetting and facilitating in a terrorist act

Life imprisonment

Illegal possession and transportation of arms and ammunition

Rigorous imprisonment for 14 years

Possessing explosives with intent to endanger lives

Rigorous imprisonment for 10 years

Subsequent appeals and petitions

Memon filed an appeal before the Supreme Court of India under Section 19 of the TADA Act and State of Maharashtra filed a reference before the court for the confirmation of Memon's death sentence. On 21 March 2013, the Supreme Court confirmed Memon's conviction and death sentence for conspiracy through financing the attacks. The Court held that Memon's role was limited not only to the extent of correspondence between the masterminds and all other accused, but he was also entrusted with task of handling the explosive bags and for their safe keeping, which is stated in the confessional statements of various co-accused persons. It also held that Memon was actively involved in hawala transactions for the purpose of facilitating the blasts. The judges called him the "mastermind" and "driving force" behind the bombings. Memon has consistently claimed innocence.

Memon then filed a Review Petition seeking review of Supreme Court’s judgment confirming his death sentence. On 30 July 2013, Supreme Court bench headed by Chief Justice P Sathasivam and Justice BS Chauhan rejected Memon's application for oral hearing and dismissed his review petition by circulation. Memon then filed a Writ Petition before the Supreme Court as the issue of oral hearing of review petitions against death sentences was being heard by the Supreme Court.

Indian President Pranab Mukherjee rejected Memon's petition for clemency on 11 April 2014.

On 1 June 2014, Justices J. Khehar and C. Nagappan imposed a stay of execution while a plea from Memon, that review of death penalties should be heard in an open court rather than in chambers, was heard by a constitution bench of the Supreme Court which was then extended in December 2014. On 24 March 2015, open court hearing began on Memon's review petition. Senior Counsel Jaspal Singh represented Memon. On 9 April 2015, Supreme Court dismissed Memon’s review petition.

Memon then filed a curative petition to the Supreme Court, which was rejected on 21 July 2015. Meanwhile, Maharashtra Government issued a death warrant setting 30 July 2015 as the date for Memon's execution. Memon then filed a mercy petition with the Governor of Maharashtra and then filed a Writ before the Supreme Court of India for a stay on his execution till the mercy petition is decided. He claimed that the death warrant was illegal, as it had been issued before he had exhausted all his legal avenues of appeal. The capital punishment given to Yakub Memon has been criticized by a few eminent personalities, including Research and Analysis Wing officer B. Raman, former Supreme Court judge Justice H. S. Bedi, Former Supreme Court judge Markandey Katju, Hussain Zaidi, Ram Jethmalani, Asaduddin Owaisi, R. Jagannathan and a few Muslim bodies, who asked for implementation of the Srikrishna Commission report. On 26 July 2015, a petition was handed over by some eminent personalities and political leaders to President Mukherjee to reconsider Memon's mercy plea.

On 28 July 2015, Memon filed a fresh writ petition before the Supreme Court challenging the order passed in the curative petition contending that the required quorum was not present based on the interpretation of the Supreme Court Rules. After the hearing, the two judges disagreed on the issue and passed an order requesting the Chief Justice of India (CJI) to urgently constitute a larger bench. On July 29, the Supreme Court rejected his petition. Memon also submitted a petition for clemency to Maharashtra Governor C. Vidyasagar Rao and a fresh petition to President Mukherjee, both of which were rejected. As a final resort Memon's lawyers filed a plea for 14-day stay of execution with Supreme Court Chief Justice citing that there needs to be 14 day period between a mercy plea rejected by president and the execution. A three-judge bench convened at 2:30 IST to hear the arguments. After hearing the arguments the bench upheld the execution, rejecting Memon's lawyers arguments.

Imprisonment

Memon was originally held at Yerwada Central Jail, and was transferred to Nagpur Central Jail in August 2007. While in prison, he has studied at Indira Gandhi National Open University and earned two master's degrees. The first, in 2013, in English literature and the second degree, in 2014, in political science.

Execution

Memon was executed by hanging in Nagpur Central Jail at around 6:30 AM IST on 30 July 2015. He had been woken at 4:00 AM, permitted to take a warm bath and was provided with a fresh set of clothing. He was allowed to read the Quran and offer Namaz, given a last meal of his choice, and underwent a final medical examination before the execution. A police constable who had previously executed Ajmal Kasab served as the hangman.